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CEMETERY WORKERS v. ROM. CATH. DIOCESE NEWARK

127 N.J. Super. 277 (1974)

317 A.2d 363

CEMETERY WORKERS AND GREENS ATTENDANTS UNION, LOCAL 365, SERVICE EMPLOYEES INTERNATIONAL UNION, AFL-CIO, AN UNINCORPORATED ASSOCIATION, PLAINTIFF-RESPONDENT, v. ROMAN CATHOLIC DIOCESE OF NEWARK, A NEW JERSEY CORPORATION, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Supplemental Memoranda Received January 2, 1974.

Decided March 21, 1974.

Attorney(s) appearing for the Case

Mr. Joseph A. Clarken, Jr. argued the cause for appellant (Messrs. Fox, Schackner, Neagle, Mastrangelo & Gassert, attorneys).

Mr. Abraham L. Friedman argued the cause for respondent (Messrs. Rothbard, Harris & Oxfeld, attorneys; Mr. Emil Oxfeld, of counsel).

Before Judges KOLOVSKY, FRITZ and CRANE.

The opinion of the court was delivered by KOLOVSKY, P.J.A.D.

Defendant Roman Catholic Diocese of Newark owns and operates seven cemeteries within the geographic limits of the Diocese. Plaintiff is a labor union representing production and maintenance employees of defendant at defendant's Holy Cross Cemetery in North Arlington, New Jersey. After the Regional Director of the National Labor Relations Board refused to assert jurisdiction and dismissed plaintiff's representation...

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